New Jersey adopted regulations codifying a test for determining whether workers are employees or independent contractors, establishing a classification framework set to take effect Oct. 1, the state has announced.
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NJ Finalizes ABC Test Rule For Independent Contractor Status

By Benjamin Morse

New Jersey adopted regulations codifying a test for determining whether workers are employees or independent contractors, establishing a classification framework set to take effect Oct. 1, the state has announced.

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Fed. Circ. Affirms DraftKings' PTAB Loss Wasn't 'Clerical Error'

By Adam Lidgett

The Federal Circuit on Wednesday backed the Patent Trial and Appeal Board's decision to uphold one claim of an online gaming patent challenged by DraftKings, rejecting the company's argument about making a "clerical error."

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Roberts Says High Court's Job Is To Make Unpopular Rulings

By Katie Buehler

Chief Justice John Roberts said Wednesday that the U.S. Supreme Court often must issue "unpopular" opinions, as the high court faces widespread backlash over its recent ruling limiting the Voting Rights Act's use in challenging racial discrimination in congressional redistricting.

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Pa. Panel Greenlights NJ Transit Injury Suit, Citing Galette

By Y. Peter Kang

A Pennsylvania appellate panel on Tuesday affirmed the denial of New Jersey Transit Corp.'s bid to exit a passenger injury lawsuit, holding that the recent U.S. Supreme Court ruling in Galette retroactively invalidates the agency's sovereign immunity defense.

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NJ Prosecutor Gets OK To Trim Suit Over Alleged Interference

By George Woolston

Atlantic County Prosecutor William E. Reynolds can narrow his suit seeking independent outside counsel to represent his office due to the alleged attempts made by county counsel to interfere with prosecutions, a New Jersey state judge ruled.

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NJ Panel Frees Homeowner From 'Forced Arbitration' Contract

By Nate Beck

A New Jersey state appeals court on Wednesday released a homeowner from an arbitration clause that Florida-based MV Realty had agreed not to enforce as part of a deal last year with authorities who sued over the company's allegedly predatory cash-advance agreements.

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LITIGATION

Judge Questions OMB Justification For Voiding Grants

By Julie Manganis

A Massachusetts federal judge on Wednesday pushed back on arguments by the Trump administration that federal agency grants are subject to termination at any time based solely on a change in priorities — a situation, she suggested, that would essentially render any contracts with the government "illusory."

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Judge Won't Certify Minn. Fraud Question In Cancer Drug MDL

By Danielle Ferguson

A New Jersey federal judge won't ask the Supreme Court of Minnesota to weigh in on whether an insurer can pursue claims using a state law typically reserved for the attorney general in litigation alleging drugmaker Celgene used charitable donations to manipulate the price of cancer drugs.

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4th Circ. Frees Noncitizen From Deportation, Faulting Judges

By Ganesh Setty

The Fourth Circuit vacated the final removal order for a man the federal government wants to deport to Liberia despite his never living there and his fear of persecution due to his sexuality, finding that he didn't get a fair immigration hearing.

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Brief

NJ Judge Says Honeywell Fee Bid Must Wait For Appeal

By Tom Lotshaw

A New Jersey federal judge has said a Honeywell request for nearly $81,000 in attorney fees must wait while a former worker appeals the dismissal of a proposed class action alleging that the company violated federal law by mismanaging 401(k) forfeitures.

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LEGAL INDUSTRY

Womble Bond Atty's 'Draconian' Penalty Gives 4th Circ. Pause

By Hayley Fowler

A Fourth Circuit panel seemed to struggle Thursday with what one judge described as a "draconian" contempt order against a Womble Bond Dickinson partner, with the panel nudging counsel for both sides toward a simpler solution that wouldn't force the court's involvement.

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Ex-Jackson Walker Atty Seeks Breakup With Romance Suit

By Adrian Cruz

A former Jackson Walker LLP partner said Thursday that she should be dropped from a suit accusing her, a former Texas bankruptcy judge she had a secret relationship with and multiple law firms of fomenting "mass corruption" in Houston's bankruptcy court.

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Comey Retains NC Criminal Defense Pro For 2nd Indictment

By Rachel Rippetoe

Former FBI Director James Comey has added a North Carolina white collar defense pro to his legal team fighting an indictment by the Trump administration over a social media post last year that prosecutors characterized as a threat of violence against the president, according to a court filing on Thursday.

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Toss Of Ex-Shkreli Atty's Deal May Be Error, 2nd Circ. Hints

By Pete Brush

A Second Circuit judge hinted Thursday that a trial judge may have erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from a potential $1 million "punitive tax event."

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Analysis

How Litigation Funding Disclosure Could Affect ITC Cases

By Ryan Davis

The U.S. International Trade Commission's proposed rule to require disclosure of litigation funding in intellectual property cases could bring more transparency to disputes and promote settlements, but it could also discourage some suits if it's not carefully tailored, attorneys say.

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NC Judge Tosses Atty's Suit Against State Bar Panel Member

By Andrea Keckley

A North Carolina federal judge dismissed a suspended attorney's lawsuit against a State Bar Disciplinary Hearing Commission member he accused of bias and due process violations, finding Thursday that the defendant is entitled to absolute quasi-judicial immunity.

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Analysis

Why Compliance Is Getting Complicated In Latin America

By Phillip Bantz

White collar compliance is getting trickier for companies that do business in Latin America, according to experts, who say they are seeing big shifts in the region connected to cartel crackdowns and efforts to strengthen corporate regulations, including relatively recent pushes for voluntary self-disclosure.

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LAW FIRMS IN TODAY'S NEWS

Baker Botts

Bandas Law Firm

Blank Rome

Boies Schiller

Bracewell LLP

Brooks Pierce

Brown Rudnick

Cooley LLP

DLA Piper

Duane Morris

Ellis & Winters

Finnegan

Fox Rothschild

Holtzman Vogel

Jackson Walker LLP

Katten Muchin

Kirkland & Ellis

Law Office of Tom Kirkendall

Marchetti Law PC

McElroy Deutsch

Merchant & Gould

Miller & Chevalier

Mintz Levin

Morgan Lewis

Pashman Stein

Perkins Coie

Saul Ewing

Skadden Arps

Solnick Lawyers

Sterne Kessler

Troutman

Williams & Connolly

Winston & Strawn

Womble Bond

Zelle LLP

COMPANIES IN TODAY'S NEWS

American College of Trial Lawyers

Bristol-Myers Squibb Co.

Celgene Corp.

Chesapeake Energy Corp.

Crown Holdings Inc.

DoorDash Inc.

DraftKings Inc.

Honeywell International Inc.

Instacart

International Legal Finance Association

Morgan Stanley

New Jersey Chamber of Commerce

New Jersey Transit Corp.

North Carolina State Bar

PGA TOUR Inc.

Purdue Pharma LP

Travere Therapeutics Inc.

U.S. Chamber of Commerce

UBS Group AG

Uber Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Massachusetts

Federal Bureau of Investigation

Government of Mexico

International Trade Commission

New Jersey Attorney General's Office

New Jersey Court

New Jersey Supreme Court

North Carolina Department of Justice

Patent Trial and Appeal Board

Pennsylvania Supreme Court

U.S. Attorney's Office for the Eastern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of North Carolina

U.S. Supreme Court

US Office of Management and Budget